Jump to content
Rob&Pame

Re-entry into US

27 posts in this topic

Recommended Posts

Hi,

My wife is Costa Rican and got her green card in 2011. We lived in the Boston area until April 2014 when we moved to Costa Rica. In September, we went back to the US for a visit and she entered with her green card without any problems or questions.

We are flying back to the US on Jun 30. At that point she will have been out of the US for 9 months. I'm wondering if she will be okay to go back with her green card or if we should expect trouble. Would we need to give up her green card and get her a tourist visa instead?

Anyone have any insight on this?

Thanks!!

Rob


10/01/2010: Engaged
10/29/2010: I-129f sent UPS to TX
11/02/2010: I-129f delivered to TX service center @ 12:13 PM
11/08/2010: Check to Homeland Security cleared
11/13/2010: NOA1 received

04/26/2011: NOA2 received

06/07/2011: Interview date

06/09/2011: Visa received

06/18/2011: US entry

06/25/2011: Marriage

07/28/2011: Employment Authorization Document filed

10/03/2011: EAD approved

10/06/2011: EAD received

09/30/2012: Matthew Jacob born!

08/27/2013: I-751 sent FedEx to Vermont

01/11/2014: New green card received

Share this post


Link to post
Share on other sites

Sounds like she isn't a PR in the U.S. anymore. If she isn't forced to give up her green card on this trip I suspect it will be soon.

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites

Reasonable to expect trouble.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Hi,

My wife is Costa Rican and got her green card in 2011. We lived in the Boston area until April 2014 when we moved to Costa Rica. In September, we went back to the US for a visit and she entered with her green card without any problems or questions.

We are flying back to the US on Jun 30. At that point she will have been out of the US for 9 months. I'm wondering if she will be okay to go back with her green card or if we should expect trouble. Would we need to give up her green card and get her a tourist visa instead?

Anyone have any insight on this?

Thanks!!

Rob

1 year is the hard limit before needing a re-entry permit but if there is a pattern of >6 months they might question the intentions. If she hold a residence here, pay taxes, bank accounts, that might show intention was to stay in US all along.

Share this post


Link to post
Share on other sites

We are planning on staying in Costa Rica. We no longer have a residence in the US.

If she is forced to give it up on this trip that would mean no entry into the US, right? She'd be stopped at immigration and have to go back to CR?


10/01/2010: Engaged
10/29/2010: I-129f sent UPS to TX
11/02/2010: I-129f delivered to TX service center @ 12:13 PM
11/08/2010: Check to Homeland Security cleared
11/13/2010: NOA1 received

04/26/2011: NOA2 received

06/07/2011: Interview date

06/09/2011: Visa received

06/18/2011: US entry

06/25/2011: Marriage

07/28/2011: Employment Authorization Document filed

10/03/2011: EAD approved

10/06/2011: EAD received

09/30/2012: Matthew Jacob born!

08/27/2013: I-751 sent FedEx to Vermont

01/11/2014: New green card received

Share this post


Link to post
Share on other sites

She has the right to go in front of an Immigration Judge.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

What's the worse case scenario? We get to Miami and they find out we are no longer living in the US? She's allowed to continue to our final destination of Boston and then could have to go in front of a judge? Then she could be deported?

Thanks for your input!


10/01/2010: Engaged
10/29/2010: I-129f sent UPS to TX
11/02/2010: I-129f delivered to TX service center @ 12:13 PM
11/08/2010: Check to Homeland Security cleared
11/13/2010: NOA1 received

04/26/2011: NOA2 received

06/07/2011: Interview date

06/09/2011: Visa received

06/18/2011: US entry

06/25/2011: Marriage

07/28/2011: Employment Authorization Document filed

10/03/2011: EAD approved

10/06/2011: EAD received

09/30/2012: Matthew Jacob born!

08/27/2013: I-751 sent FedEx to Vermont

01/11/2014: New green card received

Share this post


Link to post
Share on other sites

They could detain her, unlikely, more likely she would be paroled in to appear in front of an IJ.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

*** Thread moved from General Immigration Discussion forum to the Working & Traveling forum -- topic involves travel. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites

I suggest, that if you will be living in Costa Rica that she go to a US embassy there and turn in her green card. She fills out a form and she should get a copy of that so she can use it as evidence that she no longer has immigrant intent to he USA when applying for a visitor visa.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

<6month >1 MAY get into questioning. give the officer a reasonable answer. the worst case scenario is that your wife have to go to a judge. They may let you in but ask you to surrender you GC. Do not do that. Why don't you get global entry? you won't get into any questioning except at customs.

Share this post


Link to post
Share on other sites

<6month >1 MAY get into questioning. give the officer a reasonable answer. the worst case scenario is that your wife have to go to a judge. They may let you in but ask you to surrender you GC. Do not do that. Why don't you get global entry? you won't get into any questioning except at customs.

Yes the wife should surrender her green card. She is not living in the USA and that is the purpose of the green card. Unless they have a valid re-entry permit and plan on living in the USA again in the next 2 years, surrendering her green card is exactly what she should do. Doing so will actually make it easier to get a visitor visa. Customs is exactly where they ask you what is the purpose of your stay etc.. Customs = CBP = US border patrol

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

Yes the wife should surrender her green card. She is not living in the USA and that is the purpose of the green card. Unless they have a valid re-entry permit and plan on living in the USA again in the next 2 years, surrendering her green card is exactly what she should do. Doing so will actually make it easier to get a visitor visa. Customs is exactly where they ask you what is the purpose of your stay etc.. Customs = CBP = US border patrol

Customs checks your bags.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×